Legal Question in Real Estate Law in California

Re: Nuisance Tree

No. A small claims court would not issue an order requiring the owner to do anything. Moreover, considering the costs you are certain to incurr as a result of this problem, you could never be compensated in small claims court, becuase their limit is $5,000. You need to contact a real estate attorney in your area and discuss your options with him/her.

Re: Nuisance Tree

The keys to winning a case like your are as follows:

1. Photos of the damage, location of the tree, etc.

2. Bills for cleaning and estimates to repair damage

3. Maybe a survey map showing property lines plus

a diagram of where the tree is located

4. Anything in writing to show that your

neighbor had notice of the harm.

It can be handled in small claims court if the damage is $5k or less. However, it's important that you know that in small claims the plaintiff cannot appeal and the plaintiff has to prove its case by a preponderance of the evidence and last, if the testimony and evidence is a 50/50 split, the judge will sometimes favor the defendant. This is not Judge Judy where most of the verdicts are fair. Small claims is sometimes a kangaroo court. However, regular limited jurisdiction is very expensive. Depending on your level of damage, it may be better to handle your matter in regular civil court. Please send me an email should you decide on hiring an attorney. Otherwise, good luck.

David B. Lupoff, Esq.

Re: Nuisance Tree

A small-claims court is limited to $5,000 plus costs as a maximum award. The judge would lack jurisdictional authority to make an injunctive-type order or decree regarding the future. Thus, you could quickly and economically recover up to $5,000 for past damage. You could also go back to small claims court in, say, 2007 and sue for harm done between 2005 and 2007. This might have the same effect as an injunctive nuisance-abatement decree, i.e. the neighbor might decide it was in his best interest to remove the tree.

For full and direct relief, you'll need to file a suit in regular court, claiming both trespass and private nuisance.

In either case, I recommend amassing all your evidence before making a decision; that would include photos, credible repair cost estimates from licensed contractors, and an opinion from a licensed arborist who has seen the tree and the damage and can advise on removal issues as well as give an expert opinion connecting the damage to the tree.